2010.06.28 - Kyron's Dad files for divorce and restraining order

[nas212913]

I guess I just don't understand where you are coming from. Why is it a low blow for him to ask for help to pay the divorce attorney when she has $350,000 to spend on a VERY high priced defense attorney? He wouldn't need the attorney if she had not TRIED TO HIRE SOMEONE TO KILL HIM! I think she bears some responsibility for him needing to hire the attorney in the first place. Why should she not have to pay? She obviously has the money. :waitasec:

It's my opinion that it's a low blow because:
He chose which attorney he wanted to hire. If he couldn't afford to hire that particular attorney, he should have chosen another one.
How many attorneys are there in their area? Is Rackner the only one? More then likely, no. Is she the best and that's why he chose her? Maybe. But that was HIS decision. No one else should pay for HIS decision. Irregardless of who, what, why, when, where, or how. And since he hasn't been able to work full time, is now a single parent, and is bearing the weight of all the household bills, his attorney claims he has no money. Wouldn't he qualify for legal aid? He works at Intel. They don't have an attorney that could/would advise him?
Again, it's my opinion.

 

[human]

I think Terri better be going to an accountant as well.

If the $350,000 is a gift from her parents, I think only $24,000 is available to be considered as a gift-$12,000 from each parent.

She will have to pay income tax on the remainder. That will be a hefty sum.

 

[grandmaj]

I think this is a very wise move. It she has sold rights to pictures or books oh yes Kaine needs to know about it.

What if the money was gained in some illegal way? I hope it is all up front and honest.

Terri needs to zip it. She just keeps causing herself more problems rather than take advice from her attorney.

 

[kappy50]

I think Terri better be going to an accountant as well.

If the $350,000 is a gift from her parents, I think only $24,000 is available to be considered as a gift-$12,000 from each parent.

She will have to pay income tax on the remainder. That will be a hefty sum.

but what if the family wrote the check or however the transaction occurred, if one has truly occurred...

 

[Jaxson]

I thought that once a divorce was filed that whatever either party earned or spent after that date is there own asset or debt. Kaine knows he didn't have 350,000 in marital assets. If Terri had it before marriage and has had it hidden it's hers. If she has gotten it since he filed it's not a marital asset, it's hers. If she somehow got a loan she alone is liable. When he filed for divorce he effectively filed a legal separation of marital property at that point. He is no longer liable to support her or she him unless a judge orders some form of spousal or alimony for a period of time. That's it. What she got and how she got it is not his business anymore. Which imo is why he is asking under the guise of possible marital assets. (ya she saved 350,000 during their marriage and he didn't miss it because he makes so much money)

 

[Donjeta]

Didn't he just ask her to pay for the costs of filing this particular motion? I don't know Rackner's fees but I wouldn't think it could come anywhere near half of Houze's retainer fee (if the reported sum is correct). It would be mere pocket change if you've got 350.000 to spend.

 

[Jaxson]

but what if the family wrote the check or however the transaction occurred, if one has truly occurred...

All they have to do is call it a loan not a gift.

 

[T-Rex]

It is an interesting claim, that's what's hers is his, when they've already denied that what's his is hers.

 

[Jaxson]

I guess I just don't understand where you are coming from. Why is it a low blow for him to ask for help to pay the divorce attorney when she has $350,000 to spend on a VERY high priced defense attorney? He wouldn't need the attorney if she had not TRIED TO HIRE SOMEONE TO KILL HIM! I think she bears some responsibility for him needing to hire the attorney in the first place. Why should she not have to pay? She obviously has the money. :waitasec:

Maybe, if he can PROVE she tried to hire someone. Still he is the one filing for divorce and it doesn't really matter why. He has a job and can afford to pay a divorce attorney. You can't just say 'well judge le says she hired someone to kill me so she should pay for the divorce.'

Somebody needs to prove she did something first. If she so obviously has money she probably wouldn't have moved in with her parents.

 

[nas212913]

Maybe, if he can PROVE she tried to hire someone. Still he is the one filing for divorce and it doesn't really matter why. He has a job and can afford to pay a divorce attorney. You can't just say 'well judge le says she hired someone to kill me so she should pay for the divorce.'

Somebody needs to prove she did something first. If she so obviously has money she probably wouldn't have moved in with her parents.

Just jumping off your post because 1) I agree and 2) it made me think of something...

If LE gave Kaine enough "probable cause" to indicate that his life was in danger with the murder-for-hire plot, then why haven't they used that "probable cause" to arrest her on it?

 

[truckengirl]

I think she may have sold some videos or pictures of Kyron. I know one thing, if a news company paid her any such money it will look really bad that they paid someone who is probably responsible for the child's disapperance. Kind of like with Casey Anthony and the money ABC paid her, she funded her defense with it. I hope the Judge makes her reveal where the money came from.

 

[Jaxson]

I think this is a very wise move. It she has sold rights to pictures or books oh yes Kaine needs to know about it.

What if the money was gained in some illegal way? I hope it is all up front and honest.

Terri needs to zip it. She just keeps causing herself more problems rather than take advice from her attorney.

Imo anyone who bought anything from her would be dang sure that it was hers to sell. If she gained the money illegally that would be a whole other case. Something else for them to prove.

 

[gwenabob]

Maybe, if he can PROVE she tried to hire someone. Still he is the one filing for divorce and it doesn't really matter why. He has a job and can afford to pay a divorce attorney. You can't just say 'well judge le says she hired someone to kill me so she should pay for the divorce.'

Somebody needs to prove she did something first. If she so obviously has money she probably wouldn't have moved in with her parents.

Usually the party with the most money or earning potential pays the lawyers. Up until Terri came up with that money, it was Kaine. Now that she has shown the ability to fork over $350,000, he has the right to question where it came from. I suspect it will be shown her parents paid the money. And in the end, he will be responsible for his own attorney fees. But he has the right to find out. What if she borrowed the money before he filed for divorce? You think the collectors won't try to get the money from him? He has the job. You bet they will. He has the right to protect his backside.

 

[GrainneDhu]

That is true, but if she were selling pictures of a child, I would think one of the child's parents would have to sign a waiver allowing the publishing of the photo. Terri is not Kyron's parent.

I'm not so sure about that.

I think that someone could reasonably argue that Kyron's parents have turned him into a public figure by soliciting media attention, releasing photos of their own, etc. The laws governing the privacy rights of public figures are different from the laws governing the rights of ordinary citizens.

Before anyone accuses me of attacking KH and DY for making that decision, let me say I believe that they made the right decision under the circumstances. I think it's clear that they would not have made that decision had Kyron not gone missing. But having made that decision to obtain a desirable end, they are not immune from the undesirable ends.

The law is often symbolised in art as a balance or a two edged sword. I believe that is because any time it gives, it also takes away.

And heck, if TMH's parents manage to sell photos of Kyron that they took themselves, that's more outlets showing images of Kyron and more people looking for him.

 

[gwenabob]

It's my opinion that it's a low blow because:
He chose which attorney he wanted to hire. If he couldn't afford to hire that particular attorney, he should have chosen another one.
How many attorneys are there in their area? Is Rackner the only one? More then likely, no. Is she the best and that's why he chose her? Maybe. But that was HIS decision. No one else should pay for HIS decision. Irregardless of who, what, why, when, where, or how. And since he hasn't been able to work full time, is now a single parent, and is bearing the weight of all the household bills, his attorney claims he has no money. Wouldn't he qualify for legal aid? He works at Intel. They don't have an attorney that could/would advise him?
Again, it's my opinion.

Yes, he chose his own attorney. Don't know how expensive she is compared to other family law attorneys in Portland. Terri made the decision to hire an EXTREMELY expensive attorney. He shouldn't have to pay for that decision. That's why he wants to make sure he won't be on the line for that debt.

Yes, he has a job, but how much work do you think he gets in these days? 40 hours a week? 30? 20? Should Intel continue to pay his full salary if he is not working?

Yes, Intel has attorneys. Probably lots of really smart ones. But they are not family law attorneys, and don't do divorces for Intel employees. They are corporate or IP attorneys. They can't help him.

He is not making his full salary. He has new expenses like day care. He has huge attorney fees thanks to Terri's melt down. I doubt he is qualified for legal aid. He is not indigent. Just really, really strapped.

 

[Jaxson]

Usually the party with the most money or earning potential pays the lawyers. Up until Terri came up with that money, it was Kaine. Now that she has shown the ability to fork over $350,000, he has the right to question where it came from. I suspect it will be shown her parents paid the money. And in the end, he will be responsible for his own attorney fees. But he has the right to find out. What if she borrowed the money before he filed for divorce? You think the collectors won't try to get the money from him? He has the job. You bet they will. He has the right to protect his backside.

His backside was protected when he filed for the divorce. If she borrowed the money before he filed then he is not on the loan. Nobody can make him pay a loan that doesn't have his signature on it. Where's the check with his name and who forged it? Another case entirely. He wouldn't be liable. Collectors wouldn't come into it because she couldn't have gotten a loan using his (marital income) without him signing. I know because my husband works and I am a sahm so if I want a loan with no job and no income I have to use his and have his signature. If it was obtained illegally he is not liable. He might have to prove it's not his siggy on the line but ultimately he would not be liable and they would have another reason to lock Terri up.

 

[gwenabob]

I'm not so sure about that.

I think that someone could reasonably argue that Kyron's parents have turned him into a public figure by soliciting media attention, releasing photos of their own, etc. The laws governing the privacy rights of public figures are different from the laws governing the rights of ordinary citizens.

Before anyone accuses me of attacking KH and DY for making that decision, let me say I believe that they made the right decision under the circumstances. I think it's clear that they would not have made that decision had Kyron not gone missing. But having made that decision to obtain a desirable end, they are not immune from the undesirable ends.

The law is often symbolised in art as a balance or a two edged sword. I believe that is because any time it gives, it also takes away.

And heck, if TMH's parents manage to sell photos of Kyron that they took themselves, that's more outlets showing images of Kyron and more people looking for him.

That is an interesting theory. Child actors get their pictures taken and printed all the time. I doubt their parents sign a waiver before a kid like Dakota Fanning gets her picture in People magazine.

I am not sure Kaine and Desiree actually sold the pictures of Kyron. I was under the impression that they simply released them for the publicity. It would be interesting to find out who, if anybody, has made $ off photos of Kyron.

 

[gardeness]

Are you saying she should be convicted in court before he is allowed to file for divorce? What the police told him is not enough for him to feel justified to divorce her?

Remember, we know only a little portion of what LE knows. I don't think they would have told him that if they did not have strong evidence.

Maybe... (ETA: obviously, he chose what took priority)

What if, what if...LE has made a mistake? And now ruined a marriage? It's possible... I can't get past that they had "enough" to believe the LS and tell Kaine, but not enough to arrest.

I would love to know WHEN Terri had the opportunity to personally defend herself to Kaine? He apparently left quickly without giving her any information, then filed for divorce and the RO~did she ever have a chance to reason with her husband in person? Just curious, and MOO...

 

[gwenabob]

His backside was protected when he filed for the divorce. If she borrowed the money before he filed then he is not on the loan. Nobody can make him pay a loan that doesn't have his signature on it. Where's the check with his name and who forged it? Another case entirely. He wouldn't be liable. Collectors wouldn't come into it because she couldn't have gotten a loan using his (marital income) without him signing. I know because my husband works and I am a sahm so if I want a loan with no job and no income I have to use his and have his signature. If it was obtained illegally he is not liable. He might have to prove it's not his siggy on the line but ultimately he would not be liable and they would have another reason to lock Terri up.

That is not true. I used to work for attorneys who specialized in creditor/debtor law. If she borrowed the money while they were married, he could very well be on the line for it. Fair? Not really. But real.

 

[GrainneDhu]

I think $350k is Brangelina-baby-photo type of money, not missing-kid-story-kind of money. And only a reputable company would have that kind of money, and I can't imagine they would open themselves up to that kind of backlash.

I'm 100% sure it's money from her parents - either they mortgaged their home or raided their retirement fund. IF the amount is true, which I still have serious doubts about.

The lowest estimate I was able to find online for what People Magazine paid for exclusive pictures of the first Brangelina baby was $1.5 million.

The exclusive photos of the twins are alleged to have gone for over $15 million.